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FOCUS December 2009 Volume 58

Human Rights Events in the Asia-Pacific

ASEAN Human Rights Mechanism

ASEAN Leaders inaugurated on 23 October 2009 in Cha-am Hua Hin the ASEAN Intergovernmental Commission on Human Rights (AICHR). The AIHRC was established under Article 14 of the ASEAN Charter,[1] and based on ASEAN’s “commitment to the promotion and protection of human rights and fundamental freedoms,” and also its commitment to “pursue forward-looking strategies to strengthen regional cooperation on human rights.” The AIHRC will operate under the terms of reference (ToR) that was approved by ASEAN Foreign Ministers in July 2009.

The ASEAN leaders see AICHR as a “historic milestone in ASEAN community-building process, and as a vehicle for progressive social development and justice, the full realization of human dignity and the attainment of a higher quality of life for ASEAN peoples.”  They also recognize that the “TOR of the AICHR shall be reviewed every five years after its entry into force to strengthen the mandate and functions of the AICHR in order to further develop mechanisms on both the protection and promotion of human rights.”[2] The ASEAN member-states have appointed their respective AIHRC members.

It was also made known that another human rights body focusing on women and children, the ASEAN Commission on the Rights of Women and Children, will be set up next year [2010].[3] The Prime Minister of Thailand, H.E. Abhisit Vejjajiv, remarked at inaugural ceremony of the AICHR that this "and other regional mechanisms shall be part and parcel of the ASEAN human rights regime under the single umbrella of the AICHR." The work of this Commission "will be in line with the principles of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child, of which, all ASEAN Member States are parties to."

Fifth Roundtable Discussion on Human Rights in ASEAN

The Fifth Roundtable Discussion on Human Rights in ASEAN – Towards an ASEAN Human Rights System: Role of Institutions and Related Activities was held in Bangkok on 15-16 December 2009. The Roundtable was co-organized and co-hosted by the Ministry of Foreign Affairs of the Kingdom of Thailand, the National Human Rights Commission of Thailand, and the Working Group for an ASEAN Human Rights Mechanism (Working Group).

The Roundtable was attended
by participants representing governments (the Foreign Ministry and agencies responsible for ASEAN cooperation on the rights of women, children and migrant workers); National Human Rights Institutions (NHRIs); and members of the Working Group - from Brunei Darussalam, Cambodia, Indonesia, Lao P.D.R., Malaysia, Myanmar, the Philippines, Singapore, Thailand and Viet Nam. Also in attendance were Representatives to the ASEAN Intergovernmental Commission on Human Rights (AICHR) from Malaysia, Philippines and Thailand and observers from the United Nations (UN) and funding organizations.

The Roundtable was divided into six sessions covering the following topics: (a) System- Building for the Promotion and Protection of Human Rights at the Regional Level; (b) Mandate of the AICHR: Challenges of Implementation in a Contemporary Setting; (c) The Three Pillars of the ASEAN Community: Commitment to the Human Rights Process; (d) Women’s Rights, Children’s Rights and Migrant Workers’ Rights: Alignment with the AICHR as the Overarching Institution; (e) Moving Forward: Lessons for the Future; and (f) Conclusions and Recommendations.

Several recommendations were agreed upon including the following:

23. The Roundtable reiterates that the AICHR has to be seen in the context of the ASEAN Charter. Although the AICHR is the main venue for asserting human rights, stakeholders should make use of other platforms within ASEAN including interaction with ASEAN leaders, the Committee of Permanent Representatives, human rights bodies in ASEAN, relevant sectoral bodies, and the ASEAN Secretariat, for the purpose of human rights promotion and protection. Given the existence of national structures and the international system, the Roundtable recommends strengthening t he complementary role of the AICHR.

24. The Roundtable believes that the drafting of an ASEAN Declaration on Human Rights [should] be given priority as this may be a perfect opportunity to demonstrate the evolution of the AICHR into something more concrete and meaningful to the ASEAN peoples.

Asia Pacific Conference on Reproductive and Sexual Health and Rights

The 5th Asia Pacific Conference on Reproductive and Sexual Health and Rights (APCRSHR), held from 18 to 20 October 2009 in Beijing, is a follow-up to the International Conference on Population and Development (ICPD) in 1994, the World Conference on Women in 1995 and the United Nations Millennium Summit in 2000. It provided a space for stakeholders to exchange experiences and discuss strategies in the reproductive health fields in the Asia-Pacific. It was also meant to “further arouse the attention from the international community to reproductive health issues, and facilitate the attainment of MDGs in the Asia and Pacific Region on schedule.”[4] One of the working themes of the conference was on “Working for Universal Reproductive and Sexual Health and Rights: Building on the ICPD PoA and the MDGs.” Under this theme, the participants reviewed the progress of Asia-Pacific countries in implementing the 1994 International Conference on Population and Development (ICPD) Program of Action (PoA), and “exchanged experiences thereof, reiterate government commitments, and defined Asia-Pacific regional strategies for achieving “universal access to reproductive health by 2015” together with the existing problems and challenges.” The youth participants issued their Youth Declaration, and stated that “[D]enying young people accessible sexual and reproductive health services and education is a violation of young people's human rights and their right to development, as affirmed by the ICPD and the Beijing Platform for Action.” They also urged the national governments and the civil society to “fulfill sexual and reproductive health and rights, as they are an inalienable aspect of young people's right to health.” The human rights of the youth were also discussed in the other themes of the conference.[5]

Endnotes

1.Get the full document at www.aseansec.org/ASEAN-Charter.pdf

2.Cha-Am Hua Hin Declaration on the Intergovernmental Commission on Human Rights, available in http://www.15thaseansummit-th.org/outcome_document.php

3.“ASEAN Commission on the Promotion and Protection of the Rights of Women and Children to be Established,” www. aseansec.org/ 23112.htm#Article-20

4.Conference Background of the 15th APCRSHR, in www.5apcrshr.org/en/detail.aspx? articleid=090609084712591215

5.See the conference themes at www.5apcrshr.org/en/ articlelist.as px?categorycode=2302